How India Chooses its Head of State

Dr. V.K. Agnihotri

On July 19, 2012, India, the world’s largest democracy, elected its 13th President, Pranab Mukherjee. This article outlines the history of the Indian presidency and the powers of the office. It explains the indirect election process whereby members of the national and state legislatures choose a Head of State.

he Office of the President is a symbol of the Indian The Lok Sabha is composed of representatives Republic. The office has been a source of advice, chosen by direct election on the basis of adult suffrage. Tcounseling and guidance to the Governments of It comprises 545 Members, of which 530 are directly the day, especially in times of difficulty and crises. Such elected from the States and 13 from Union Territories, a role is particularly crucial in a country like India with while two members of the Anglo-Indian community its vast size, large populace and enormous diversities. are nominated by the President. The term of the Lok Sabha, unless dissolved earlier, is five years. However, Brief Description of the Indian Political System while a Proclamation of Emergency is in operation, The Constitution of India was adopted by the this period may be extended by Parliament for a period Constituent Assembly on November 26, 1949 and came not exceeding one year at a time and not extending into force on January 26, 1950. The parliamentary form of in any case, beyond a period of six months after the government is federal in structure with unitary features. Proclamation has ceased to operate. There are now 28 States and seven Union Territories. The The Constitution distributes legislative powers Union executive consists of the President, Vice-President between Parliament and state legislatures and and Council of Ministers with the Prime Minister as provides for vesting of residual powers in the head to aid and advise the President. The Constitution Parliament. The distribution of powers emphasizes, in makes it clear that the real executive power vests in the many ways, the general predominance of Parliament. Council of Ministers with the Prime Minister as head. Parliament has also been vested with the power to The Council of Ministers is collectively responsible to impeach the President and to remove the Judges of the the House of the People (Lok Sabha). Supreme Court and High Courts, the Chief Election Parliament consists of the President and two Houses, Commissioner and the Comptroller and Auditor- the Council of States (Rajya Sabha) and the House of General, in accordance with the procedure laid down the People (Lok Sabha). Rajya Sabha comprises 245 in the Constitution. Besides the power to legislate, Members, of which 233 represent the States and Union Parliament has also been vested with the power to Territories and 12 are nominated by the President from initiate amendment of the Constitution. amongst persons having special knowledge or practical The superintendence, direction and preparation experience in such matters as literature, science, art of electoral rolls for elections to Parliament and and social service. Elections to the Rajya Sabha are State Legislatures and elections to the offices of the indirect. Members are chosen by elected Members of President and the Vice-President are vested in the legislative assemblies of the States in accordance with Election Commission of India. The independence of the the system of proportional representation by means Election Commission is ensured by a specific provision of the single transferable vote. The Rajya Sabha is not under article 324(5) of the Constitution. The Election subject to dissolution and one-third of its Members Commission at regular intervals, publishes notification retire biennially. specifying the names of recognized national and state parties. See Table on the following page for a current list of recognized national and state parties. Dr. V.K Agnihotri is Secretary-General of the Rajya Sabha, the Upper House of the Indian Parliament.

40 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 States Members of Members of State Parties Recognised by the Electoral ECI* Rajya Sabha Lok Sabha 18 42 1. Praja Rajyam Party, 2. Rashtra Samithi, 3. Telugu Desam Arunachal Pradesh 1 2 Arunachal Assam 7 14 1. All India United Democratic Front, 2. , 3. Bodoland Peoples Front Bihar 16 40 1. (United), 2. Lok Ajan Shakti Party Chhattisgarh 5 11 Goa 1 2 1. Maharashtrawadi Gomantak, 2. Save Goa Front Gujarat 11 26 Haryana 5 10 1. Haryana Janhit Congress (BL), 2. Himachal Pradesh 3 4 Jammu & Kashmir 4 6 1. Jammu & Kashmir National Conference, 2. Jammu & Kashmir National Panthers Party, 3. Jammu & Kashmir Peoples Democratic Party Jharkhand 6 14 1. Janata Dal (United), 2. , 3. Jharkhand Vikas Morcha (Prajatanatrik) Karnataka 12 28 Janata Dal (Secular) Kerala 9 20 1. Janata Dal (Secular), 2. , 3. Kerala Congress (M), 4. Muslim League Kerala State Committee Madhya Pradesh 11 29 Maharashtra 19 48 Manipur 1 2 1. Manipur People’s Party, 2. National People’s Party Meghalaya 1 2 1. All India Trinamool Congress, 2. United Democratic Party Mizoram 1 1 1. Mizo , 2. Mizoram People’s Conference, 3. Nagaland 1 1 Nagaland Peoples Front Odisha 10 21 1. Biju Janata Dal, 2. Jharkhand Mukti Morcha Punjab 7 13 Rajasthan 10 25 Sikkim 1 1 Tamil Nadu 18 39 1. All India Anna Dravida Munnetra Kazhagam, 2. Dravida Munnetra Kazhagam, 3. Marumalarchi Dravida Munnetra Kazhagam, 4. Tripura 1 2 Uttarakhand 3 5 1. Samajwadi Party, 2. Uttar Pradesh 31 80 1. , 2. Samajwadi Party West Bengal 16 42 1. , 2. All India Trinamool Congress, 3. Revolutionary Socialist Party Nominated 12 2 Union Territories Andaman & Nicobar Islands - 1 Chandigarh - 1 Dadra & Nagar Haveli - 1 Daman & Diu - 1 Lakshadweep - 1 National Capital Territory of Delhi 3 7 Puducherry 1 1 1. All India Anna Dravida Munnetra Kazhagam, 2. Dravida Munnetra Kazhagam, 3. Pattali Makkal Katchi, 4. Pudhucherry Munnetra Congress Total 245 545

*National Parties registered by the Election Commission of India are:

1. 4. (Marxist) 7. Rashtriya 2. 5. 3. Communist Party of India 6. Nationalist Congress Party

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 41 Parliamentary democracy has a defence, external affairs, etc. The Governor-General strong foundation in India. had independent powers of legislation, concurrently with those of the legislature, apart from his power to promulgate Ordinances during the recess of the In the 2009 General Elections to the Lok Sabha, legislature. a total of 417 million people voted out of a total electorate of about 716 million in about 834,000 polling With the Indian Independence Act, 1947, the suzerainty stations spread across widely varying geographic and of the British Crown over the Indian States lapsed, and climatic zones. The Election Commission employed the Governor-General was made the constitutional almost 4.6 million people to conduct the election. A head, who would act on the advice of a Council of vast number of civilian police and security forces were Ministers having the confidence of the Legislature. deployed to ensure that the elections were carried out The Drafting Committee entrusted with the task peacefully. Polling stations were located in the snow- of preparing a Constitution in accordance with the clad mountains in the Himalayas, the deserts of the decisions of the Constituent Assembly, was appointed Rajasthan and in sparsely populated islands in the by a Resolution passed by the Constituent Assembly Indian Ocean. on August 29, 1947. The Draft Constitution was presented to the Constituent Assembly on November Historical Context 4, 1948 and after discussions and consideration of The framers of the Constitution pondered two various clauses, the Constitution was passed. The challenging issues, namely, the nature of the executive Constituent Assembly accomplished the daunting task and its relation to the legislature. While introducing of framing the Constitution in less than three years. the Draft Constitution on November 4, 1948, Dr. B.R. The Constitution was drawn from a number of sources Ambedkar, Chairman of the Drafting Committee, and reflects an amalgamation of various principles and stated: practices of governance. A student of Constitutional Law, if a copy The political class in India had, by this time, become of a Constitution is placed in his hands, is accustomed to the functioning of some semblance of sure to ask two questions. Firstly what is the form of Government that is envisaged in the parliamentary government. At the time of discussion Constitution; and secondly what is the form of on the new Constitution, opinion was overwhelmingly the Constitution? For these are the two crucial in favour of adopting an executive responsible to the matters which every Constitution has to deal Legislature in accordance with the British tradition.2 1 with. However, conferment of certain special powers on The decision of the Constituent Assembly regarding the President was also contemplated at the initial the form of government in India was considerably stage, drawing from the powers of the Governor- influenced by the political background of the country General as per the Government of India Act, 1935. But, and the practices and traditions evolved during the the Constituent Assembly decided in support of the British rule. The Central Government in India was parliamentary type of government with the President carried on by the Governor-General in Council, having no special powers vested personally in him consisting of the Governor-General and members of but would exercise all his functions, including the his Executive Council. All of them were appointed dissolution of the lower chamber of Parliament, only by the Crown and they functioned under the overall on the advice of his Ministers.3 It accepted the principle control and compliance of the Secretary of State, of a parliamentary executive, collectively responsible who was responsible to the British Parliament. In the to the Lower House of the Legislature. series of Acts enacted by the British Parliament, such Constitutional Provisions as the Act for the Good Government of India of 1858, the Government of India Act of 1919 and of 1935, the During the proceedings of the Constituent Assembly, underlying theme remained the same. The structure Dr. B.R. Ambedkar made an exhaustive statement of government continued to be unitary and centralized regarding the position of the President and the Council with the Governor-General in Council as the linchpin of Ministers and the general character of the executive of the whole constitutional edifice. The legislative that the Constitution envisaged: assemblies, both at the centre and the provinces, were In the Draft Constitution there is placed at the granted very limited powers. The Governor-General head of the Indian Union a functionary who is at the centre and the Governors in the provinces called the President of the Union… the President commanded discretionary powers, such as power occupies the same position as the King under the English Constitution. He is the head of the State to veto legislation, regulation of matters relating to

42 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 but not of the Executive. He represents the Nation the Council of Ministers. This clause has given rise to but does not rule the nation. … His place in the controversies since the initial days of the Republic. The administration is that of a ceremonial device on Supreme Court had explained the position thus: a seal by which the nation’s decisions are made known. The President of the Indian Union will be Under article 53(1) of our Constitution, the generally bound by the advice of his Ministers. executive power of the Union is vested in the He can do nothing contrary to their advice President but under article 74 there is to be a nor can he do anything without their advice. Council of Ministers with the Prime Minister at In England, where the parliamentary system the head to aid and advise the President in the prevails, the assessment of the responsibility of exercise of his functions. The President has thus the Executive is both daily and periodic. The daily been made a formal or constitutional head of assessment is done by members of Parliament, the executive and the real executive powers are through Questions, Resolutions, No-confidence vested in the Ministers or the Cabinet.5 motions, Adjournment motions and Debates on Addresses. Periodic assessment is done by the The Constitution divides all legislative powers Electorate at the time of the election which may between the Union and the States, by the three Lists in take place every five years or earlier. The daily Schedule VII and the extent of the executive power of assessment of responsibility … is felt to be far the Union and the States roughly follows that division. more effective than the periodic assessment and far more necessary in a country like India.4 The executive power of the Union is co-extensive with the legislative power of Parliament, which consists of It was against this background that various the President and the two Houses. Thus, on the one provisions relating to the office of the President, such hand the President is the Head of the executive, and as the procedure for his election, term of his office, on the other, he is a constituent part of the Parliament.6 eligibility for re-election, qualifications, and other 7 related matters were framed. The Constitution (Forty Second Amendment) Act placed the issue regarding the exercise of the powers Powers of the President by the President beyond any doubt by making it The President, apart from being the Head of the State obligatory for the President to act in accordance with 8 representing its executive power, takes the oath of the advice of the Council of Ministers. However, office to preserve, protect and defend the Constitution this provision was partly diluted by the Constitution 9 and the law and devotes himself/herself to the service (Forty-fourth Amendment) Act , according to which and well-being of the people. the President may require the Council of Ministers to reconsider the advice, either generally or otherwise, but Executive power is vested in the President and he shall act in accordance with the advice tendered after exercised by him either directly or through officers such reconsideration. Thus, as per the constitutional subordinate to him in accordance with the Constitution. provision, along with conventions, practices and Supreme command of the Defence Forces of the Union usages, the President is a constitutional head and it is also vests in him. The President appoints the Prime the Council of Ministers and not the President which Minister and on his advice other ministers, summons, is responsible for all executive action. The nature of the prorogues, addresses, sends messages to Parliament Presidency was summed up aptly by the first President and dissolves the House of the People; promulgates of the Indian republic, Dr. Rajendra Prasad. He said: Ordinances at any time, except when both Houses of Whatever the strictly correct legal and Parliament are in session; makes recommendation for constitutional position may be, there is no doubt introducing financial and money Bills and gives assent to that in the case of an elected President people Bills; grants pardons, reprieves, respites or remission of do look upon him also as a person having some punishment or suspends, remits or commutes sentences authority in the governance of the country, and in certain cases. When there is a failure of constitutional he can justify his position only by tendering such advice and giving such suggestions as he machinery in a state, he can assume to himself all or considers necessary to the Cabinet before it takes any of the functions of the government of that state. The any decision. Once a decision has been taken, President can proclaim emergency in the country if he is whether with or without his suggestions or even satisfied that a grave emergency exists whereby security against his suggestions, he has to act according 10 of India or any part of its territory is threatened whether to that decision. by war or external aggression or armed rebellion. This would depend on who the incumbent of the However, all these powers vested in the office of the office of the President is and more so, on the degree of 11 President are constrained by the parliamentary form of trust which the Prime Minister has in the President. government based on the cabinet system. The President Even though the Constitution makes it obligatory can exercise his powers only on the ‘aid and advice’ of

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 43 for the President to act on the advice of the Council election of the President by the people as this would of Ministers as mentioned above, there are some be more democratic by making the President the direct occasions when the President may be called upon to choice of the nation. However, the position of the use his judgement and wisdom for the appointment President in the Constitution was cited to rule out direct of the Prime Minister in a situation where no single election of the President by adult suffrage. It was argued party secures the majority support in the Lok Sabha; that in a parliamentary form of democracy, following and for the dissolution of the Lok Sabha on the advice the Cabinet system of Government, the office of the of the Council of Ministers which may have lost the Chief Executive was a titular one. Its duties were largely majority support in the Lok Sabha or against which prescribed by other authorities. Very few voters would a vote of no confidence may have been passed. In be able to judge wisely the technical abilities of the such instances, the role of the President becomes candidates for any particular office of this type, having very crucial and decisive. Besides, article 78 of the specific, limited and defined functions. Further, it was Constitution casts on the Prime Minister the duty to argued that a directly elected Chief Executive might not keep the President informed of all the decisions of the be content with his position as a mere constitutional Council of Ministers relating to the administration of head and could claim to derive his authority directly the affairs of the Union and proposals for legislation from the people. So, if he wanted to assume real power, and to furnish information asked for by the President it would lead to constitutional deadlock or inevitably a in that regard. He may require the Council of Ministers clash with the Cabinet or the real executive.12 to consider any matter on which a decision has been taken by a Minister but which has not been considered In normal circumstances as by the Council of Ministers. The Bills passed by the Parliament are presented to the President, who may well as in situations of crisis, either assent to the Bill or withhold his/her assent. the President, if he so chooses, There is no time limit prescribed for the President for is able to advise his Council of giving his assent or declaring his decision to withhold Ministers and may prove to be a it. The President may, however, return the Bill, if it is source of influence and guidance not a Money Bill, for reconsideration to the Parliament. for the government. When, after reconsideration, the Bill is passed with or without amendments and is presented to the President again, he shall not withhold his/her assent. It was further added that, in case, the method of direct election of the President was adopted, it would Election of the President be very difficult for the presidential candidates to Article 54 states that the President shall be elected forego party affiliations. Some members were of the by the members of an electoral college consisting of (a) view that the President should be elected only by the the elected members of both the Houses of Parliament; members of both Houses of Parliament. However, in and (b) the elected members of the Legislative such a system, the majority party in the Parliament Assemblies of the States. The nominated members of would play the deciding role in electing the President both the Houses of Parliament are not entitled to vote which would diminish the dignity and independence in the election of the President nor are members of the of his position. Finally, it was decided that the electoral Legislative Councils in the States. While discussing college, would consist of the elected members of State the draft article in the Constituent Assembly, Dr. Assemblies all over India, which would imply that Ambedkar moved an amendment in this regard that the President was chosen by the nation as a whole the expression “State Legislature” as used in this and indirectly, through the elected representatives of the the succeeding articles meant, where the Legislature people, and thus, he would be the symbol of the nation was bicameral, the Lower House of the Legislature, and not only of any particular constituency. i.e., only members elected by popular vote would be The subsequent article in the Constitution, i.e., entitled to take part in the election of the President. article 55, specifies the manner or the procedure of the In the Constituent Assembly, it was argued by election of the President, which would in accordance many members that the electoral college consisting of with the system of proportional representation be by the elected members of Central Legislature as well as means of a single transferable vote and the voting at those of the Legislative Assemblies of the States was such election shall be by secret ballot. The Constitution not sufficiently representative of the will of the people. also provides for weighting of votes based on two A number of members favoured the system of direct fundamental principles. First, to secure as far as possible, uniformity in the scale of representation of

44 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 Table 2: Value of Votes of Members at Presidential Elections

(a) (b) (c) (d) (e) Name of State No. of Assembly Seats 1971 Census Population Value of votes Total Votes of the States (Elected MLAs) per Member (b x d) d = c b x 1,000 Andhra Pradesh 294 43,502,708 148 43,512 Arunachal Pradesh 60 467,511 8 480 Assam 126 14,625,152 116 14,616 Bihar 243 42,126,236 173 42,039 Chhattisgarh 90 11,637,494 129 11,610 Goa 40 795,120 20 800 Gujarat 182 26,697,475 147 26,754 Haryana 90 10,036,808 112 10,080 Himachal Pradesh 68 3,460,434 51 3,468 Jammu & Kashmir 87 6,300,000 72 6,264 Jharkhand 81 14,227,133 176 14,256 Karnataka 224 29,299,014 131 29,344 Kerala 140 21,347,375 152 21,280 Madhya Pradesh 230 30,016,625 131 30,130 Maharashtra 288 50,412,235 175 50,400 Manipur 60 1,072,753 18 1,080 Meghalaya 60 1,011,699 17 1,020 Mizoram 40 332,390 8 320 Nagaland 60 516,449 9 540 Odisha 147 21,944,615 149 21,903 Punjab 117 13,551,060 116 13,572 Rajasthan 200 25,765,806 129 25,800 Sikkim 32 209,843 7 224 Tamil Nadu 234 41,199,168 176 41,184 Tripura 60 1,556,342 26 1,560 Uttarakhand 70 4,491,239 64 4,480 Uttar Pradesh 403 83,849,905 208 83,824 West Bengal 294 44,312,011 151 44,394 NCT of Delhi 70 4,065,698 58 4,060 Puducherry 30 471,707 16 480 Total for MLAs 4120 549,302,005 549,474 *Total for MPs 776 708 549,408 Total Electoral College 4,896 1,098,882

*To calculate the vote value for Members of the National Parliament, the value of MLA votes (549,474) is divided by the number of members in the Lok Sabha (543) plus the Rajya Sabha (233). This gives a per vote value of 708. The total value of votes for all members of the National Parliament is therefore 708 x 776 = 549,408.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 45 different States of the Union, which emphasizes the Counting the Votes similarity in the status of the States. And, secondly, The method used for the election of the President to secure parity between the States as a whole and is generally known as the ‘alternative vote in a single the Union in order to work up the idea of a federal member constituency’.14 compact. As per article 55, a formula has been evolved to calculate the value of votes of each member present Under this system in the context of the Presidential in the electoral college. election, any member who secures the necessary quota of votes is declared elected. ‘Quota’ is arrived at by Formula to Calculate Value of Votes dividing the total number of valid votes cast by the Each member of the electoral college who is a total number of seats in the constituency plus one and member of a State Legislative Assembly will have a adding one to the quotient. number of votes calculated as follows: Quota = Total number of votes cast + 1 Total population of the State divided by 1000 Total number of seats to be filled + 1 . total number of elected members in the Assembly The procedure has been explained in detail in the For assigning value to the vote of a member of following illustration15: Parliament, The total number of valid votes is 15,000 and Total number of votes assigned to the elected there are four candidates. members of the State Assemblies divided by the A 5250 total number of elected members of both Houses B 4800 of Parliament C 2700 A recent illustration13 would further clarify the D 2250 scenario. In this case, the Quota will be Quota = 15,000 + 1 = 7501 The value of vote of an MLA from the most populous state in India, Uttar Pradesh, was 1+1 fixed at 208 in the 2002 Presidential election by If a candidate is able to secure 7,501 or more first dividing 83,849,905 (the total population of the preference votes in his favour, he is declared State according to 1971 census) by 403 (no. of elected and there is no need to take a second or elected members of Legislative Assembly) and subsequent count. further divided by one thousand: Since no one in the illustration above secured 83,849,905 = 208.06 = 208 the Quota, as per Rules, D will be the first to be 403 × 1000 eliminated, and the second preferences recorded Similarly, the value of vote of each MLA from in the 2250 ballot papers on which he has the least populous state in India, Sikkim, was: obtained the first preference will be transferred to the remaining candidates, namely A, B and C. 209,843 = 6.55 = 7 Supposing in these 2250 ballot papers the second 32 × 1000 preferences are recorded as: Thereafter, in order to secure parity between the A 300 States as a whole and the Union, the total value of B 1050 all the votes thus assigned to the elected members C 900 of the Legislative Assemblies was divided equally among 776 elected members of Parliament. These will be transferred and added to the first preferences in favour of A, B and C as follows: The total value of votes assigned to the elected members of the Legislative Assemblies of the A 5250 + 300 = 5550 twenty-eight States and the two Union Territories, B 4800 + 1050 = 5850 namely, National Capital Territory of Delhi and C 2700 + 900 = 3600 Puducherry in the 2002 Presidential election came Here, C will be eliminated and 3600 votes to 549,474. This number was divided equally secured by him are transferred to A and B in among the 776 elected members of Parliament the order of third preferences recorded thereon. (543 in Lok Sabha and 233 in Rajya Sabha). The Suppose the third preferences on the 3600 ballot value of vote of a Member of Parliament was thus papers recorded in favour of A and B are 1700 ascertained to be 708.08, i.e., 708. and 1900 respectively: Table 2 shows the value of votes of MPs and A 5550 + 1700 = 7250 members of Legislative Assemblies of different States B 5850 + 1900 = 7750 in the Presidential Election held in 2007. Although, B had secured lesser number of first preferences votes as compared to A, yet B is elected by virtue of the second and third

46 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 preferences obtained by him. This apparently and the Secretaries and one more senior officer of anomalous result is justified on the reasoning that Legislative Assemblies of all States including NCT of if the views of the electors are assessed through Delhi and Union Territory of Puducherry have also the doctrine of proportional representation it is clearly revealed that B is preferred and been appointed as the Assistant Returning Officers. supported by a numerically larger number of Disputes regarding Presidential Election electors than A and as such he is the one elected by a majority. Disputes relating to election of President are left to For the purpose of elections to the Office of the the Supreme Court. A petition calling in question a President, it has been an established practice that the Presidential election may be presented to the Supreme Secretary-General of the Lok Sabha or the Rajya Sabha Court by any candidate at such election, or by twenty is appointed as the Returning Officer along with one or more electors joined together as petitioners. Any or more Assistant Returning Officers. For the 2012 such petition may be presented at any time after the Presidential Election, the Secretary-General, Rajya date of publication of the result but not later than Sabha has been appointed as the Returning Officer. thirty days from the date of such publication. The Two other senior officers of Rajya Sabha Secretariat grounds for declaring the election of a candidate void are specified in the Presidential and Vice-Presidential Table 3: Presidental Election Results 1952-2012 Elections (Amendment) Act, 1977. (Top 3 Candidates) Further, as per article 71(4), the election of a person Year Candidates Votes as President cannot be called in question on the ground Elected Polled of any vacancy in the electoral college. The Legislative 1 1952 Dr. Rajendra Prasad 507,400 Assembly of the State of Gujarat was dissolved by the Sh. K.T. Shah 92, 827 Governor on March 15, 1974. A question arose whether Sh. Thatte Lakshman Ganesh 2,672 in the absence of the said Assembly, an election to the 2 1957 Dr. Rajendra Prasad 459,698 office of the President could be validly held or not. In Sh. Nagendra Narayan Das 2,000 Chowdhry Hari Ram 2,672 a Presidential reference, the Supreme Court was of the view that the election to the office of the President 3 1962 Dr. Saravpalli Radhakrishnan 553,067 Chowdhry Hari Ram 6,341 must be held before the expiration of the term of the Sh. Yamuna Prasad Trisulia 3,537 President notwithstanding the fact that at the time of 4 1967 Dr. Zakir Hussain 471,244 such election, the Legislative Assembly of a State was Sh. Kota Subbarao 363,971 dissolved.16 Sh. Khubi Ram 1,369 5 1969 Sh. V.V. Giri 401,515 Conclusion Sh. Neelam Sanjeeva Reddy 313,548 Sh. C.D. Deshmukh 112,769 It is generally agreed that the Presidential office can be kept above political wrangling only if the majority 6 1974 Sh. Fakhruddin Ali Ahmed 765,587 Sh. Tridib Chaudhuri 189,196 party at the centre willingly consults minority parties 7 1977 Sh. Neelam Sanjiva Reddy unopposed before a nomination is announced. There is a possibility that State Legislatures, at a given point of time, may be 8 1982 Gyani Zail Singh 754,113 Shri H.R. Khanna 282,685 dominated by parties other than the party in power at the Centre and in such a case they might be able to 9 1987 Sh. R. Venkataraman 740,148 Sh. V. R. Krishna Iyer 281,550 defeat a nominee of the majority party at the Centre. Sh. Mithilesh Kumar 2,223 Normally, votes are cast along political party 10 1992 Dr. Shanker Dayal Sharma 675,804 lines. The volatility of the political situation and the Sh. G.G. Swell 346,485 Sh. Ram Jethmalani 2,704 arithmetic involved in garnering support by political 11 1997 Sh. K.R. Narayanan 956,290 parties to get their preferred nominees to the office of Sh. T.N. Seshan 50,631 the President, decide whether the Presidential election 12 2002 Dr. A.P.J. Abdul Kalam 922,884 would be a contested one or consensus emerges among Smt. Lakshmi Sahgal 107,366 the various political parties regarding a particular 13 2007 Smt. Pratibha Devisingh Patil 638,116 candidate. Sh. Bhairon Singh Shekhawat 331,306 It has been suggested by some political analysts that 14 2012 Shri Pranab Mukherjee 713,763 Shri Purno A. Sangma 315,987 the Presidential elections are probably an opportunity to really promote the multiparty system and to put certain positions above party politics. Some Presidential

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 47 elections have been contested more vigorously, but Notes the general trend has been that, following attempts to 1 Constituent Assembly, C.A. Debate, Vol. VII, pages 31-2. obtain consensual support from the opposition parties, the candidate of the Union government in power gets 2 C.A. Debate, Vol. VII, page 984-85. elected. 3 B. Shiva Rao, The Framing of India’s Constitution A Study, 1968, page 338. It may be concluded the office of the President of India has become profoundly linked with the working 4 C.A. Debate Vol. VII, pages 32-33. of the parliamentary democracy in the country. It has 5 D.D. Basu, Basu’s Commentary on the Constitution of India, evolved over the years, often reflecting the personality sixth edition, Vol. E, 1981, page 167. of the individual occupying the office. Shri K. R. 6 Yogendra Narain, ed. Rajya Sabha at Work, 2006, page Narayanan, former President of India, in an interview 128. 17 to one of the Indian dailies , on the occasion of 50 years 7 P.D.T. Achary, ed., Constitution Amendment in India, Lok of Indian independence, asserted that the position of Sabha Secretariat, New Delhi, 2008. the Indian President is that of a working President. 8 “There shall be a Council of Ministers with the Prime My image of a President before I came here, and Minister at the head to aid and advise the President who before I had any hope of coming here, was that shall, in the exercise of his functions, act in accordance of a rubber-stamp President, to be frank….But with such advice”. having come here, I find that the image is not quite correct... my image of a President is not 9 The Constitution (Forty-Fourth Amendment) Act, 1978 . an executive President but a working President 10 As quoted in, President K.R. Narayanan, Selected and working within the four corners of the Speeches, 2003, Publications Division, Ministry of Constitution. It gives very little direct power Information & Broadcasting, Government of India, page or influence to him to interfere in matters or 102. affect the course of events, but there is a subtle influence of the office of the President onthe 11 P.C. Alexander, The Perils of Democracy, Somaiya executive and the other arms of the government Publications Pvt. Ltd., Bombay, 1995. and on the public as a whole. It is a position 12 C.A. Debate Vol IV, pages 713-14. which has to be used with a philosophy of indirect approach. There are one or two things, 13 Yogendra Narain, ed. Rajya Sabha at Work, 2006, pages which you can directly do in very critical times. 129-30. But otherwise, this indirect influence that you can exercise on the affairs of the State is the most 14 D.D. Basu, Basu’s Commentary on the Constitution of India, important role he can play. And, he can play sixth edition, volume E, 1981, page 223. it successfully only if he is, his ideas and his 15 R.N. Misra, The President of the Indian Republic, 1965, nature of functioning are seen by the public in pages 24-26. tune with their standards... there must be some equation between the people and the President, 16 A.I.R. 1974 S.C. 1682. See also, M.N. Kaul & S.L. and if some advice or something is to be given to Shakdher, Practice and Procedure of Parliament, sixth the executive, it would be received with grace, edition, 2009, page 49. it would be sometimes accepted, if it is known 17 Shri K.R. Narayanan in conversation with N. Ram that the public opinion is on the side of the kind on Doordarshan and All India Radio, New Delhi, of advice the President is giving. Otherwise, he August 14, 1998; http://www.hindu.com/thehindu/nic/ cannot exercise much influence.... It is to be in narayanankr.pdf. tune with the popular expectations.

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